Mother, son held to answer on murder charges in Capitola homicide

SANTA CRUZ -- A Live Oak mother and son were held to answer on murder charges in the fatal November shooting of a 63-year-old property manager, a Santa Cruz County Superior Court judge ruled Thursday.

Daniel Xane Cohen, 28, and Diana Lynn Cohen, 58, were each held to answer on one count of murder in the death of Jonathan Gordon Smith, Judge Samuel Stevens ruled Thursday after hearing two days of testimony from six Capitola police officers and Santa Cruz County Coroner Richard "Doc" Mason.

Diana Cohen's attorney, Jamyrson Pittori, argued otherwise.

"I don't think there was sufficient evidence in order to hold my client to answer for the charges," she said outside of court.

Daniel Cohen's attorney, Mitchell Page, could not be reached for comment.

"I think the evidence clearly supported judge Stevens holding them to answer on the murder that was charged," prosecutor Celia Rowland said.

Rowland said she plans to file further allegations against Cohens, which could mean more prison time.

The mother and son already faces a minimum sentence of 15 years to life in prison each if convicted of the murder charges.

Based on Mason's autopsy, Smith was shot four times: once across his lip, once in the abdomen and twice in the head.

Based on Smith's body position and where he was in the office, Mason said Smith was likely sitting in a chair at a desk when he was first shot across the chin.

"He gets shot across his chin, he goes down and then he gets two more in the head," Mason said. "That's what I think."

Smith was then shot a fourth time in the abdomen, Mason said. Smith likely died instantly from one of the two gunshots to the head, Mason said.

On Nov. 9, Smith's body was found inside the 41st Avenue Capitola office complex where he worked. The Cohens were arrested on suspicion of murder days later at their Live Oak apartment Kinsley Street.

Smith, the property manager for the Cohen's apartment, was in the midst of evicting the duo when he was shot. Capitola police later found a .357 Rossi revolver inside a Santa Cruz public storage unit rented by Daniel Cohen, prosecutors said. Daniel Cohen's fingerprints were found on the weapon as well as a cartridge inside the cylinder, prosecutors said.

The Cohens are scheduled to return to court Feb. 13 where a trial date will likely be set.